1996-008 Agreement for Fire Protection between the Township and City of Barrie
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THE CORPORATION OF THE TOWNSHIP OF ORO-XEDOHTE
BY-LAW NO. 96-08
Beinq a By-Law to Authorize an Agreement for
Fire Protection between the Township of oro-Xedonte and the
City of Barrie
WHEREAS Section 207, s.l of the Municipal Act, R.S.O., 1990, as
amended provides that municipalities may enter into agreements
with other municipalities upon such terms and conditions and for
such consideration based on cost as may be agreed for fire
protection services;
AND WHEREAS the Township of Oro-Medonte and the City of Barrie
are desirous of entering into an agreement for fire protection
services whereby the City of Barrie will provide certain fire
dispatch services to the Township of Oro-Medonte;
NOW THEREFORE the Council for the Corporation of the Township of
Oro-Medonte hereby enact as follows:
1. That the Township of Oro-Medonte enter into an
agreement with the City of Barrie for Fire Dispatch
Services, this agreement being attached to and forming
part of this By-law as Schedule "A".
2. That the Mayor and Deputy Clerk are hereby authorized
to execute the agreement on behalf of the Corporation.
3. That By-law No. 95-24 is hereby repealed.
4. That this By-law shall come into full force and effect
on its final passing thereof.
READ a first and second time this 7th day of February, 1996.
READ a third time and finally passed this 7th day of February,
1996.
THE CORPORATIOH OF THE TOWNSHIP OF ORO-XEDOHTE
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MAYOR, IAN BEARD /
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DEPUTY~ LYNDA AIKEN
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T HIS
I N DEN T U REmade this
day of t"1
, 199
BET WEE N:
THE CORPORATION OF THE CITY OF BARRIE,
of the FIRST PART
(hereinafter referred to as "Barrie")
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
of the SECOND PART
(hereinafter referred to as "Oro-Medonte")
W HER E A S Section 207 paragraph 1 of the Municipal
Act R.S.O. 1990 c. M.45 provides for fire protection agreements
between municipalities with respect to the provisions of fire
fighting equipment;
AND W HER E A S Oro-Medonte and Barrie are desirous
of entering into an Agreement for Barrie to provide certain fire
dispatch services to Oro-Medonte;
IN CONSIDERATION OF THE PREMISES and other good and
valuable consideration and the sum of ONE ($1.00) DOLLAR, the
parties hereto agree as follows:
1. That Barrie supply to Oro-Medonte fire dispatch
services;
2. (a) That Oro-Medonte pay to Barrie $1.85 per capita
for all citizens protected by the Oro-Medonte Fire Department or
under any agreement with other municipal fire departments. In
addition to all other costs to be borne by Oro-Medonte, as set out
in this Agreement, such fee to be called a dispatching fee, to be
paid monthly upon this Agreement coming into effect;
3. That Oro-Medonte shall bear all costs associated
with the modification of the existing telephone service and
additions thereto attributable to this Agreement, and without
limiting the generality of the foregoing shall include the
installation of additional couplers for the recording system, and
the costs and rental charges associated with the additional
telephone lines required for the dispatch system, including any
alterations to the existing telephone system and equipment of the
Barrie Fire Department, and for all charges and costs billed to
Barrie directly from Bell Canada or other parties which are properly
attributable to Oro-Medonte under this Agreement, Barrie shall
identify and forward to Oro-Medonte invoices with respect to same
which shall be paid by Oro-Medonte immediately upon receipt thereof.
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4. THAT Oro-Medonte Agrees and Acknowledges that
Barrie undertakes no duty of care to Oro-Medonte or any other party
as a result of the provision of any services under this Agreement
and Oro-Medonte agrees to indemnify Barrie from any and all claims
howsoever arising as a result of any act of negligence on behalf of
Barrie, its agents, officers, employees, or assigns or otherwise,
and Oro-Medonte agrees that it shall maintain liability insurance
with respect to any such claims as it deems necessary in its
absolute discretion, and Oro-Medonte Acknowledges that the City of
Barrie relies on the provisions of Section 207, Paragraph 1 of The
Municipal Act, R.S.O. 1990, c. M.45, with respect to any liability
under this Agreement.
5. That Oro-Medonte agrees that it will assume
control of its own dispatch centre (telephones, radio transmissions,
etc.) .at Station.#l (Shanty Bay), Station #2 (Hawkestone), Station
#0.r:;;c' ~ iu 'p,,,"
#3 (~), Station #4 (Rugby), Station #5 (Warminister) and Station
#6 (Moonstone) on a temporary basis if and when required and for
such period of time as may be required by Barrie.
6. Prior to this Agreement coming into force and
effect, Oro-Medonte shall deliver to Barrie all necessary
information for the operation of the dispatch system, as required
Barrie, including but not limited to Town maps and any and all other
pertinent data.
7. Oro-Medonte agrees to pay any labour costs
incurred by Barrie with respect to any Barrie employees who are
subpoenaed to give evidence at any inquest, hearing, court case,
etc. associated with the dispatching process set out in this
Agreement.
8. Barrie will arrange for the purchase of all
necessary capital equipment with respect to the installation of the
necessary tape recording system. Oro-Medonte shall be responsible
for the cost thereof, which shall be paid to Barrie upon receipt of
Barrie's invoice with respect to same, plus the production of copies
of receipts for the cost of equipment incurred by Barrie.
9. This Agreement shall remain in full force and
effect for a period of one year from the date of commencement,
subject to the right of either party to terminate this Agreement on
three month's notice in writing to be delivered to the Clerk of the
respective party.
10. Oro-Medonte acknowledges that Barrie may enter
into similar Agreements to this Agreement with various other
municipalities. As a result of such further Agreements or the
increased volume of the dispatched messages arising out of this
Agreement, either party may determine that additional equipment or
manpower (in the form of dispatchers or otherwise) is necessary for
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the proper functioning of the dispatch system. Should either party
so determine, then both parties shall enter into negotiations to
determine the necessity of such additional equipment or manpower and
if, as a result of such negotiations, the parties are unable to
agree as to such necessity, then this Agreement shall be
determinable on one month's notice in writing by either party.
Barrie shall maintain a log of all dispatch calls received, which
shall identify the originating municipality for all such calls. The
termination provisions contained in this Section shall be in
addition to those contained in section 9 of this Agreement.
THE AGREEMENT shall ensure to the benefit of and
be binding upon the parties hereto and their respective successors
and assigns.
IN WITNESS whereof the parties hereto have caused
their respective Corporate Seals to be hereunto affixed, attested by
the proper officers in that behalf.
THE CORPORATION OF THE CITY OF BARRIE
Mayor
THE TOWNSHIP OF ORO-MEDONTE
MAYOR